THE STATE vs MUMTAZ ALI AND 4 OTHERS — 1971 PCRLJ 808

Citation: 1971 PCRLJ 808

Court: Sindh High Court

Year: 1970

Decision Date: 1970-11-05

Parties: THE STATE vs MUMTAZ ALI AND 4 OTHERS

Headnotes

Case cited as 1971 PCRLJ 808

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: THE STATE vs MUMTAZ ALI AND 4 OTHERS Case No.: Criminal References Nos. 5549 of 1969 and 51, of 1970 Date of Judgment:1970-11-05 Reported As: 1971 P Cr. L J 808 Result: Reference accepted JUDGMENT JUDGMENT These are the to references to quash the proceedings pend--ing in the lower Courts. The first reference was made by the Additional Sessions Judge, Hyderabad to quash the pro--ceedings pending under section 408, P. P. C. In the Court of the Civil Judge and A. C. M'. Hyderabad against four persons, namely, Mumtaz, Fakir Muhammad, Farid Ahmed and Abdul Majid, while the second reference was made by the learned Sessions Judge, Hyderabad to quash the proceedings under section 419, P. P. C. Pending in the Court of S. D. M. Hydera--bad against Mumtaz. These references arise out of to different complaints filed by Ali Qasim in different, Courts on the same allegations and the process was issued by those Courts: Ali Qasim claims to be the uncle of Gul Hassan who died due to injuries as a result of the firing which had taken place at Karachi on 28th December 1962. It was contended by Ali Qasim that Gul Hassan owned 0-8-0 share in Qaiser Cinema and was also the owner of a house bearing city survey No. 869 situated in Ward F. Hyderabad. The other 0-8-0 share of the cinema was owned by some lady. It was further conten--ded that Mumtaz Ali was the manager and servant of Gul Hassan and in that capacity he used to…

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